FCC Record, Volume 27, No. 18, Pages 14770 to 15765, November 26 - December 13, 2012 Page: 14,829
ix, 14770-15765 p. ; 28 cm.View a full description of this book.
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503(b) context." Section 312(f)(2) of the Act provides that "[t]he term 'repeated,' when used with
reference to the commission or omission of any act, means the commission or omission of such act more
than once or, if such commission or omission is continuous, for more than one day."
8. The Commission's Forfeiture Policy Statement and Section 1.80(b)(4) of the Rules
establish a base forfeiture amount of $3,000 for failure to file a required form.13 In determining the
appropriate forfeiture amount, we may adjust the base amount upward or downward by considering the
factors enumerated in Section 503(b)(2)(D) of the Act, including "the nature, circumstances, extent and
gravity of the violation, and, with respect to the violator, the degree of culpability, any history of prior
offenses, ability to pay, and such other matters as justice may require.,14
9. In this case, the Licensee acknowledges that it failed to file with the Commission
Children's Television Programming Reports for the third and fourth quarters of 2009 and for all four
quarters in 2010. Based on the record before us, we believe that a forfeiture in the amount of $3,000 is
appropriate for the Licensee's apparent willful and repeated violations of Section 73.3526(e)(11Xiii).
IV. ORDERING CLAUSES
10. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act
of 1934, as amended, and Section 1.80 of the Commission's Rules, that Vernon Watson is hereby
NOTIFIED of his APPARENT LIABILITY FOR FORFEITURE in the amount of three thousand dollars
($3,000) for his apparent willful and repeated violations of Section 73.3526 of the Commission's Rules.
11. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, that,
within thirty (30) days of the release date of this NAL, the Licensee SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed
forfeiture.
12. Payment of the proposed forfeiture must be made by check or similar instrument, payable
to the order of the Federal Communications Commission. The payment must include the NAL/Acct. No.
and FRN No. referenced in the caption above. Payment by check or money order may be mailed to
Federal Communications Commission at P.O. Box 979088, St. Louis, MO 63197-9000. Payment by
overnight mail may be sent to U.S. Bank-Government Lockbox #979088, SL-MO-C2-GL, 1005
Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may be made to ABA Number
021030004, receiving bank: TREAS NYC, BNF: FCC/ACV-27000001 and account number as expressed
on the remittance instrument. If completing the FCC Form 159, enter the NAL/Account number in block
number 23A (call sign/other ID), and enter the letters "FORF" in block number 24A (payment type code).
Licensee must also send electronic notification on the date said payment is made to
adrienne.denvsvka@fcc.gov.
13. The response, if any, must be mailed to Office of the Secretary, Federal Communications
Commission, 445 12th Street, S.W., Washington, D.C. 20554, ATTN: Barbara A. Kreisman, Chief,
Video Division, Media Bureau, and MUST INCLUDE the NAL/Acct. No. referenced above.
" See Southern California Broadcasting Co., 6 FCC Rcd at 4388.
12 47 U.S.C. 312(f)(2).
" See Forfeiture Policy Statement and Amendment of Section 1.80(b) of the Rules to Incorporate the Forfeiture
Guidelines, Report and Order, 12 FCC Red 17087, 17113-15 (1997) ("Forfeiture Policy Statement"), recon. denied,
15 FCC Red 303 (1999); 47 C.F.R. 1.80(b)(4), note to paragraph (b)(4), Section I.
14" 47 U.S.C. 503(b)(2)(D); see also Forfeiture Policy Statement, 12 FCC Red at 17100-01; 47 C.F.R. 1.80(b)(4)
and note to paragraph (b)(4), Section II.14829
Federal Communications Commission
DA 12-1901
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 18, Pages 14770 to 15765, November 26 - December 13, 2012, book, December 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc171133/m1/75/: accessed April 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.